Sponsors of the OPEN Act Seek Input from the Public

December 8, 2011 -

As we mentioned last week Sen. Ron Wyden and Rep. Darrell Issa introduced an alternative bill to SOPA and Protect IP that would put the power of fighting so-called rogue web sites into the hands of the International Trade Commission. The OPEN Act (which stands for Online Protection and Enforcement of Digital Trade Act) focuses on interrupting the flow of funds to web sites that are proven to be trafficking in counterfeit goods or copyright materials.

The OPEN Act would create an Internet piracy panel or court within the International Trade Commission that would deal with complaints from the Justice Department and rights holders. The ITC would investigate complaints from copyright holders and determine if the Web sites in dispute are "dedicated to infringing activity." If they find this to be the case, they can issue a cease-and-desist order. The Justice Department would then be able to "bring an action for injunctive relief." The Internet piracy court would be composed of judges appointed by the ITC who would be required to have "a minimum of 7 years of legal experience," who could only be removed from that position for "good cause."

The Oregon Democrat and California Republican hope that their legislation will provide technology companies and critics of entertainment industry-backed SOPA bill an alternative that they can get behind. The House of Representatives committee vote on SOPA is expected next week. An aide to Wyden told CNET that the proposal is still a discussion draft phase and represents a work in progress.

One of the things the sponsors of this bill are doing to make the bill transparent is putting it up on the web site KeepTheWebOpen.com for the public to examine. Their hope is that the public will examine it closely and offer suggestions on how to make it better.

There are groups that oppose the OPEN Act such as the RIAA and the MPAA, who really wanted the ability to block allegedly infringing sites in their toolbox. SOPA and Protect IP gave them those tools and more. The sponsors of the OPEN Act see those bills as an extreme overreach that asks too much of service providers.

More details on the OPEN Act are expected sometime this week.

Source: CNET


Comments

Re: Sponsors of the OPEN Act Seek Input from the Public

"There are groups that oppose the OPEN Act such as the RIAA and the MPAA, who really wanted the ability to block allegedly infringing sites in their toolbox."

Don't worry RIAA, MPAA, and others.  You'll still have the ability to block infringing sites.  You'll just have to prove their doing it first.

 

Andrew Eisen

Re: Sponsors of the OPEN Act Seek Input from the Public

Having to follow due process?  Being...REASONABLE?  What do you think we live in, a democracy?

Re: Sponsors of the OPEN Act Seek Input from the Public

Because you'd be wrong. Not that it matters, as the legal system is not directly dependent of the political one...

 
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Andrew EisenIf you do, I hope you can provide some examples of people (again, other than random no-name numbnuts on Twitter) who are genuinely trying to dictate what should and should not be allowed so far as themes, topics, language, plot devices, etc. go.07/01/2015 - 9:43am
MattsworknameI'd go into why I think it's a bigger problem then most realize, but nows not the time really. I'll catch up with everyone later07/01/2015 - 9:42am
Andrew EisenThat's the thing though, rarely is anyone (again, other than random numbnuts on Twitter) attempting to dictate what can and cannot be said or done.07/01/2015 - 9:39am
Andrew Eisen"Don't write rape scenes" is being offered as advice (along with reasons for that advice) not a mandate.07/01/2015 - 9:37am
MattsworknameOh, on that last one andrew I wasn't talking about the article, I was being more general, lately it seems like all the news and media is trying to decide what is and isn't proper to say. Thats what i was refering to.07/01/2015 - 9:37am
Andrew EisenPerhaps you should consider reading the entire article. Despite quotes you can pull from the intro and conclusion, the author isn't arguing that you can't or shouldn't be allowed to cover a certain topic.07/01/2015 - 9:35am
MattsworknameOne of the things I hate right now is that people are trying to be the deciders of what is and isn't proper to be said. It's political correctness to a level that makes me angry.07/01/2015 - 9:29am
Mattsworknamemake them, i just tell peopel that I think what they did sucked. Just cause I dont like what they did, doesn't mean I can tell them "You shouldn't wrtie that" cause thats just another step on the way to telling them "YOU CANT WRITE THAT".07/01/2015 - 9:24am
MattsworknameNo, but you or I aren't the one to tell someone else what they can or cannot do beyond EXTREMELY narrow limits. Telling a person then shouldn't write something or say something. I may hate certain movies or music, doesn't mean I dont' tell peopel not to07/01/2015 - 9:23am
E. Zachary KnightHasbro is taking steps to fix its Dinosaur gender issues. http://io9.com/the-jurassic-world-dinosaur-toys-are-clever-girls-again-171513589607/01/2015 - 9:20am
TechnogeekImagine that level of accuracy, only applied to something that has actually caused physiological and psychological trauma in more cases than just whatever the equivalent of the CD-i Zelda games would be.07/01/2015 - 8:40am
TechnogeekThat's the issue I see as well, E. To put it in terms anyone reading this site will likely understand: you know how any time video games show up on TV, they feature absurdly outdated 3D graphics and/or audio from the Intellivison era?07/01/2015 - 8:40am
InfophileWell, you CAN go to a crowded streetcorner and tell everyone who passes by your social security number and bank account PIN, but you shouldn't. Is that censorship?07/01/2015 - 8:36am
E. Zachary KnightSo if it is going to turn out to be a bad scene, why even bother writing it?07/01/2015 - 8:07am
E. Zachary KnightMatts, Goth, The article, and others I have read making the same conclusion, state that most people fail in their attempts to write rape scenes without being overly offensive or overly incompetent in their attempt.07/01/2015 - 8:07am
Adam802http://www.sfgate.com/news/article/Ex-Sen-Leland-Yee-may-be-headed-for-a-plea-deal-6358941.php07/01/2015 - 7:12am
Adam802Possible plea deal in Yee case: http://www.mercurynews.com/crime-courts/ci_28408532/leland-yee-case-plea-deal-appears-likely07/01/2015 - 7:11am
MattsworknameInfo, Im with goth on this, the moment people start saying "You can but you shouldnt" thats a slow slide into censorship07/01/2015 - 6:05am
InfophileIn other words, you stopped when you found out it was arguing for a position you disagreed with, but before you found out why.07/01/2015 - 5:29am
Goth_Skunk"In short, anyone can write a rape scene—but should they? Chances are, the answer is no." And that's where I stopped reading.07/01/2015 - 5:11am
 

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